Amended IN Assembly May 24, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 783Introduced by Assembly Member GrayFebruary 16, 2021 An act to amend Section 7953 of, and to add Section 7964.6 to, to the Labor Code, relating to occupational safety. LEGISLATIVE COUNSEL'S DIGESTAB 783, as amended, Gray. Surface mines: safety regulation. Existing law, enforced by the Division of Occupational Safety and Health, defines and regulates mines and tunnels and distinguishes between above ground, or surface mines, and underground mines. Existing law requires that sufficient manpower be maintained to provide for 4 annual inspections of underground mines, one inspection of surface mines or quarries annually, and 6 inspections of tunnels under construction annually.Existing law requires the Division of Occupational Safety and Health to issue citations if, upon inspection, an employer violates specified standards, rules, orders, or regulations. Existing law authorizes a notice to be issued in lieu of a citation if specified conditions are met. Existing law prohibits a citation or notice from being issued by the division more than 6 months after the occurrence of the violation.This bill would authorize a surface mine that has been accepted into, and is currently in compliance with, the Voluntary Protection Program of the Division of Occupational Safety and Health to be excepted from the annual inspection requirement described above. The bill would prohibit specify that the division is prohibited from issuing a citation or notice to a surface mine employer more than 6 months after the occurrence of a violation. For inspections at a surface mine, the bill would require the division to provide the employer a specified notice of hazard within 72 hours after the inspection for observable conditions that may cause an injury if not addressed with reasonable promptness. The bill would prohibit the absence of identification of particular conditions in a notice, or the failure of the division to note particular conditions in a notice, from being grounds to dismiss or prevent applicable enforcement or corrective action. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 7953 of the Labor Code is amended to read:7953.(a)Sufficient manpower shall be maintained to provide for four annual inspections of underground mines, one inspection of surface mines or quarries annually, and six inspections of tunnels under construction annually.(b)A surface mine that has been accepted into, and is currently in compliance with, the divisions Voluntary Protection Program, may be excepted from annual inspections under subdivision (a).SEC. 2.SECTION 1. Section 7964.6 is added to the Labor Code, to read:7964.6. (a) A Pursuant to Section 6317, a citation or notice shall not be issued to a surface mine employer by the division more than six months after the occurrence of the violation at issue. (b) (1) For inspections at a surface mine, that is not otherwise an underground mine, as defined in subdivision (k) of Section 7951, within 72 hours after the inspection, the division shall provide the employer a written notice, to be titled Notice of HAZARD, for observable conditions that may cause an injury if not addressed with reasonable promptness. The notice shall be specific as to the equipment, activity, location, and standard at issue. (2) (A) The notice described in paragraph (1) shall include a statement in substantially the following form: This is advisory information to promote safety and health and is not an official finding. Corrective action taken will not impact an official finding or eventual citation.(B) This paragraph does not apply for inspections conducted to investigate an accident.(c) The absence of an identification of particular conditions in a notice, notice described in subdivision (b), or the failure of the division to note particular conditions in a notice, notice described in subdivision (b), shall not be grounds to dismiss or prevent applicable enforcement or corrective action.
Amended IN Assembly May 24, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 783Introduced by Assembly Member GrayFebruary 16, 2021 An act to amend Section 7953 of, and to add Section 7964.6 to, to the Labor Code, relating to occupational safety. LEGISLATIVE COUNSEL'S DIGESTAB 783, as amended, Gray. Surface mines: safety regulation. Existing law, enforced by the Division of Occupational Safety and Health, defines and regulates mines and tunnels and distinguishes between above ground, or surface mines, and underground mines. Existing law requires that sufficient manpower be maintained to provide for 4 annual inspections of underground mines, one inspection of surface mines or quarries annually, and 6 inspections of tunnels under construction annually.Existing law requires the Division of Occupational Safety and Health to issue citations if, upon inspection, an employer violates specified standards, rules, orders, or regulations. Existing law authorizes a notice to be issued in lieu of a citation if specified conditions are met. Existing law prohibits a citation or notice from being issued by the division more than 6 months after the occurrence of the violation.This bill would authorize a surface mine that has been accepted into, and is currently in compliance with, the Voluntary Protection Program of the Division of Occupational Safety and Health to be excepted from the annual inspection requirement described above. The bill would prohibit specify that the division is prohibited from issuing a citation or notice to a surface mine employer more than 6 months after the occurrence of a violation. For inspections at a surface mine, the bill would require the division to provide the employer a specified notice of hazard within 72 hours after the inspection for observable conditions that may cause an injury if not addressed with reasonable promptness. The bill would prohibit the absence of identification of particular conditions in a notice, or the failure of the division to note particular conditions in a notice, from being grounds to dismiss or prevent applicable enforcement or corrective action. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly May 24, 2021
Amended IN Assembly May 24, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 783
Introduced by Assembly Member GrayFebruary 16, 2021
Introduced by Assembly Member Gray
February 16, 2021
An act to amend Section 7953 of, and to add Section 7964.6 to, to the Labor Code, relating to occupational safety.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 783, as amended, Gray. Surface mines: safety regulation.
Existing law, enforced by the Division of Occupational Safety and Health, defines and regulates mines and tunnels and distinguishes between above ground, or surface mines, and underground mines. Existing law requires that sufficient manpower be maintained to provide for 4 annual inspections of underground mines, one inspection of surface mines or quarries annually, and 6 inspections of tunnels under construction annually.Existing law requires the Division of Occupational Safety and Health to issue citations if, upon inspection, an employer violates specified standards, rules, orders, or regulations. Existing law authorizes a notice to be issued in lieu of a citation if specified conditions are met. Existing law prohibits a citation or notice from being issued by the division more than 6 months after the occurrence of the violation.This bill would authorize a surface mine that has been accepted into, and is currently in compliance with, the Voluntary Protection Program of the Division of Occupational Safety and Health to be excepted from the annual inspection requirement described above. The bill would prohibit specify that the division is prohibited from issuing a citation or notice to a surface mine employer more than 6 months after the occurrence of a violation. For inspections at a surface mine, the bill would require the division to provide the employer a specified notice of hazard within 72 hours after the inspection for observable conditions that may cause an injury if not addressed with reasonable promptness. The bill would prohibit the absence of identification of particular conditions in a notice, or the failure of the division to note particular conditions in a notice, from being grounds to dismiss or prevent applicable enforcement or corrective action.
Existing law, enforced by the Division of Occupational Safety and Health, defines and regulates mines and tunnels and distinguishes between above ground, or surface mines, and underground mines. Existing law requires that sufficient manpower be maintained to provide for 4 annual inspections of underground mines, one inspection of surface mines or quarries annually, and 6 inspections of tunnels under construction annually.
Existing law requires the Division of Occupational Safety and Health to issue citations if, upon inspection, an employer violates specified standards, rules, orders, or regulations. Existing law authorizes a notice to be issued in lieu of a citation if specified conditions are met. Existing law prohibits a citation or notice from being issued by the division more than 6 months after the occurrence of the violation.
This bill would authorize a surface mine that has been accepted into, and is currently in compliance with, the Voluntary Protection Program of the Division of Occupational Safety and Health to be excepted from the annual inspection requirement described above. The bill would prohibit specify that the division is prohibited from issuing a citation or notice to a surface mine employer more than 6 months after the occurrence of a violation. For inspections at a surface mine, the bill would require the division to provide the employer a specified notice of hazard within 72 hours after the inspection for observable conditions that may cause an injury if not addressed with reasonable promptness. The bill would prohibit the absence of identification of particular conditions in a notice, or the failure of the division to note particular conditions in a notice, from being grounds to dismiss or prevent applicable enforcement or corrective action.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1.Section 7953 of the Labor Code is amended to read:7953.(a)Sufficient manpower shall be maintained to provide for four annual inspections of underground mines, one inspection of surface mines or quarries annually, and six inspections of tunnels under construction annually.(b)A surface mine that has been accepted into, and is currently in compliance with, the divisions Voluntary Protection Program, may be excepted from annual inspections under subdivision (a).SEC. 2.SECTION 1. Section 7964.6 is added to the Labor Code, to read:7964.6. (a) A Pursuant to Section 6317, a citation or notice shall not be issued to a surface mine employer by the division more than six months after the occurrence of the violation at issue. (b) (1) For inspections at a surface mine, that is not otherwise an underground mine, as defined in subdivision (k) of Section 7951, within 72 hours after the inspection, the division shall provide the employer a written notice, to be titled Notice of HAZARD, for observable conditions that may cause an injury if not addressed with reasonable promptness. The notice shall be specific as to the equipment, activity, location, and standard at issue. (2) (A) The notice described in paragraph (1) shall include a statement in substantially the following form: This is advisory information to promote safety and health and is not an official finding. Corrective action taken will not impact an official finding or eventual citation.(B) This paragraph does not apply for inspections conducted to investigate an accident.(c) The absence of an identification of particular conditions in a notice, notice described in subdivision (b), or the failure of the division to note particular conditions in a notice, notice described in subdivision (b), shall not be grounds to dismiss or prevent applicable enforcement or corrective action.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
(a)Sufficient manpower shall be maintained to provide for four annual inspections of underground mines, one inspection of surface mines or quarries annually, and six inspections of tunnels under construction annually.
(b)A surface mine that has been accepted into, and is currently in compliance with, the divisions Voluntary Protection Program, may be excepted from annual inspections under subdivision (a).
SEC. 2.SECTION 1. Section 7964.6 is added to the Labor Code, to read:7964.6. (a) A Pursuant to Section 6317, a citation or notice shall not be issued to a surface mine employer by the division more than six months after the occurrence of the violation at issue. (b) (1) For inspections at a surface mine, that is not otherwise an underground mine, as defined in subdivision (k) of Section 7951, within 72 hours after the inspection, the division shall provide the employer a written notice, to be titled Notice of HAZARD, for observable conditions that may cause an injury if not addressed with reasonable promptness. The notice shall be specific as to the equipment, activity, location, and standard at issue. (2) (A) The notice described in paragraph (1) shall include a statement in substantially the following form: This is advisory information to promote safety and health and is not an official finding. Corrective action taken will not impact an official finding or eventual citation.(B) This paragraph does not apply for inspections conducted to investigate an accident.(c) The absence of an identification of particular conditions in a notice, notice described in subdivision (b), or the failure of the division to note particular conditions in a notice, notice described in subdivision (b), shall not be grounds to dismiss or prevent applicable enforcement or corrective action.
SEC. 2.SECTION 1. Section 7964.6 is added to the Labor Code, to read:
### SEC. 2.SECTION 1.
7964.6. (a) A Pursuant to Section 6317, a citation or notice shall not be issued to a surface mine employer by the division more than six months after the occurrence of the violation at issue. (b) (1) For inspections at a surface mine, that is not otherwise an underground mine, as defined in subdivision (k) of Section 7951, within 72 hours after the inspection, the division shall provide the employer a written notice, to be titled Notice of HAZARD, for observable conditions that may cause an injury if not addressed with reasonable promptness. The notice shall be specific as to the equipment, activity, location, and standard at issue. (2) (A) The notice described in paragraph (1) shall include a statement in substantially the following form: This is advisory information to promote safety and health and is not an official finding. Corrective action taken will not impact an official finding or eventual citation.(B) This paragraph does not apply for inspections conducted to investigate an accident.(c) The absence of an identification of particular conditions in a notice, notice described in subdivision (b), or the failure of the division to note particular conditions in a notice, notice described in subdivision (b), shall not be grounds to dismiss or prevent applicable enforcement or corrective action.
7964.6. (a) A Pursuant to Section 6317, a citation or notice shall not be issued to a surface mine employer by the division more than six months after the occurrence of the violation at issue. (b) (1) For inspections at a surface mine, that is not otherwise an underground mine, as defined in subdivision (k) of Section 7951, within 72 hours after the inspection, the division shall provide the employer a written notice, to be titled Notice of HAZARD, for observable conditions that may cause an injury if not addressed with reasonable promptness. The notice shall be specific as to the equipment, activity, location, and standard at issue. (2) (A) The notice described in paragraph (1) shall include a statement in substantially the following form: This is advisory information to promote safety and health and is not an official finding. Corrective action taken will not impact an official finding or eventual citation.(B) This paragraph does not apply for inspections conducted to investigate an accident.(c) The absence of an identification of particular conditions in a notice, notice described in subdivision (b), or the failure of the division to note particular conditions in a notice, notice described in subdivision (b), shall not be grounds to dismiss or prevent applicable enforcement or corrective action.
7964.6. (a) A Pursuant to Section 6317, a citation or notice shall not be issued to a surface mine employer by the division more than six months after the occurrence of the violation at issue. (b) (1) For inspections at a surface mine, that is not otherwise an underground mine, as defined in subdivision (k) of Section 7951, within 72 hours after the inspection, the division shall provide the employer a written notice, to be titled Notice of HAZARD, for observable conditions that may cause an injury if not addressed with reasonable promptness. The notice shall be specific as to the equipment, activity, location, and standard at issue. (2) (A) The notice described in paragraph (1) shall include a statement in substantially the following form: This is advisory information to promote safety and health and is not an official finding. Corrective action taken will not impact an official finding or eventual citation.(B) This paragraph does not apply for inspections conducted to investigate an accident.(c) The absence of an identification of particular conditions in a notice, notice described in subdivision (b), or the failure of the division to note particular conditions in a notice, notice described in subdivision (b), shall not be grounds to dismiss or prevent applicable enforcement or corrective action.
7964.6. (a) A Pursuant to Section 6317, a citation or notice shall not be issued to a surface mine employer by the division more than six months after the occurrence of the violation at issue.
(b) (1) For inspections at a surface mine, that is not otherwise an underground mine, as defined in subdivision (k) of Section 7951, within 72 hours after the inspection, the division shall provide the employer a written notice, to be titled Notice of HAZARD, for observable conditions that may cause an injury if not addressed with reasonable promptness. The notice shall be specific as to the equipment, activity, location, and standard at issue.
(2) (A) The notice described in paragraph (1) shall include a statement in substantially the following form: This is advisory information to promote safety and health and is not an official finding. Corrective action taken will not impact an official finding or eventual citation.
(B) This paragraph does not apply for inspections conducted to investigate an accident.
(c) The absence of an identification of particular conditions in a notice, notice described in subdivision (b), or the failure of the division to note particular conditions in a notice, notice described in subdivision (b), shall not be grounds to dismiss or prevent applicable enforcement or corrective action.